Text of Contested Maryland Abortion Law

October 18, 1992

Following is the text of the abortion law passed by th Maryland legislature in 1991. Because the law was petitioned to referendum, voters will decide next month whether the law goes into effect or not. In the text, CAPITALS indicate matter added to existing law. [Brackets] indicate matter deleted from existing law.

By: Senators Blount, Pica, and Baker

Introduced and read first time: January 16, 1991

Assigned to: Judicial Proceedings

Committee Report: Favorable with amendments

Senate action: Adopted with floor amendments

Read second time: February 8, 1991

CHAPTER 1

AN ACT concerning

Abortion

FOR the purpose of revising certain statutory provisions relating to abortion; authorizing a physician to perform an abortion on an unmarried minor without notice to a parent or guardian of the minor if, in the professional judgment of the physician, the minor is mature and capable of giving informed consent or notice would not be in the best interest of the minor; prohibiting a physician from giving notice to a parent or guardian if the minor decides not to have the abortion; repealing a certain provision of law related to certain information that must be provided prior to an abortion; repealing certain provisions of law related to abortion referral services; CLARIFYING A PROVISION OF LAW RELATED TO REFERRAL SERVICES; requiring that an abortion be performed by a licensed physician; providing that the State may not interfere with the decision of a woman to terminate a pregnancy if certain conditions exist and under certain circumstances; specifying that the State may not interfere with a woman's decision to terminate a pregnancy at any time if certain circumstances exist; providing a certain immunity for a physician under certain circumstances; authorizing the Department of Health and Mental Hygiene to adopt certain regulations related to the termination of a human pregnancy; repealing a provision of law related to the imposition of certain penalties against certain persons who violate certain provisions of law related to the termination of a human pregnancy; repealing a provision of law related to certain disciplinary actions against a licensed physician for performing an abortion outside a licensed hospital; defining certain terms; making provisions of this Act severable; SPECIFYING THAT IF A CERTAIN PROVISION OF THIS ACT IS PETITIONED TO REFERENDUM AND REJECTED BY THE VOTERS, SUCH REJECTION DOES NOT AFFECT OTHER PROVISIONS OF THE ACT UNLESS THE OTHER PROVISIONS ARE ALSO PETITIONED TO REFERENDUM AND REJECTED BY THE VOTERS; and generally relating to abortion.

BY repealing and reenacting, with amendments,

Article -- Health -- General

Section 20-103; and 20-214 to be under the amended part "Part IV, Effect of Refusal to Participate"

Annotated Code of Maryland

(1990 Replacement Volume and 1990 Supplement)

By repealing

Article -- Health -- General

Section 20-201 through 20-206 and the part "Part 1. Abortion Referral Services"; and 20-208, 20-210, and 20-211

Annotated Code of Maryland

(1990 Replacement Volume and 1990 Supplement)

BY adding to

Article -- Health -- General

Section 20-208 and 20-209 to be under the amended part "Part II. Abortion Procedures"

Annotated Code of Maryland

1990 Replacement Volume and 1990 Supplement)

BY repealing and reenacting, with amendments,

Article -- Health Occupations

Section 14-404(a)(23), (24), (25), (26), (27), (28), (29), and (30)

Annotated Code of Maryland

(1991 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:

Article -- Health -- General

20-103.

(a) Except as provided in subsections (b) and (c) of this section, a physician may not perform an abortion on an unmarried minor unless the physician first gives notice to a parent or guardian of the minor.

(b) The physician may perform the abortion without notice to a parent or guardian if:

(1) The minor does not live with a parent or guardian; and

(2) A reasonable effort to give notice to a parent or guardian is unsuccessful.

(c) (1) The physician may perform the abortion, without notice to a parent or guardian of a minor if, in the professional judgment of the physician[,]:

(1) [notice] NOTICE to the parent or guardian may lead to physical or emotional abuse of minor;

(II) THE MINOR IS MATURE AND CAPABLE OF GIVING INFORMED CONSENT TO AN ABORTION; OR

(III) NOTIFICATION WOULD NOT BE IN THE BEST INTEREST OF THE MINOR.

(2) The physician is not liable for civil damages or subject to a criminal penalty for a decision under this subsection not to give notice.

(d) The postal receipt that shows an article of mail was sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of a parent or guardian and that is attached to a copy of the notice letter that was sent in that article of mail shall be conclusive evidence of notice or a reasonable effort to give notice, as the case may be